ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S-278 of 2021.

 

Date

               Order with signature of Judge

 

1.       For hearing of main case.

2.      For hearing of MA No. 2395/2020.

 

24-05-2021.

 

            Ch. Shahid Hussain Rajpute, Advocate for applicant.

            Mr. Zulfiquar Ali Jatoi, APG for the State.  

            None for the private respondent.

.-.-.-.-.-.-.-.-.-.-.-.

1.          The facts in brief necessary for disposal of instant Crl. Misc. Application u/s 561-A Cr.P.C as per the private respondent are that the applicant being contractor of Mari Petroleum Company Limited while working at RD-41/L has committed mischief and criminal intimidation and he on event of refusal of police to record his FIR by making an application 22-A & B Cr.P.C sought for direction against the police to record his FIR, it was issued accordingly by learned Additional Sessions Judge/Ex-Officio Justice of Peace, Daharki, vide his order dated              27-04-2021, which is impugned by the applicant before this Court

 2.        It is contended by learned counsel for the applicant that the applicant is being involved in false case by the private respondent only to extort money from him, otherwise no incident as alleged by the private respondent has taken place. By contending so, he sought for setting aside of the impugned order.

3.         None has come forward to advance arguments on behalf of private respondent despite service of notice. Learned APG for the State, however did not support the impugned order.

4.         I have considered the above arguments and have perused the record.

5.         Admittedly, the applicant being contractor was working at the spot under authorization of Mari Petroleum Company Limited. It is stated by the SHO PS Dad Leghari and DSP Complaint Redressal Center Ghotki in their reports that no incident as alleged by the private respondent has taken place, those reports have not been considered by learned Ex-officio Justice of Peace without assigning any reason. It is the case of the applicant that he is being involved in a false case by the private respondent only to extort money from him. If it is believed to be so, then it constitutes malafide.

6.         In case of Rai Ashraf and others Vs. Muhammad Saleem Bhatti and others (PLD 2010 SC-691), it has been held by the Hon’ble Apex Court that;

“ Validity---Dispute between parties was over such house---Applicant had secured restrain, order against respondent from Civil Court, and for its violation, he had a remedy before Civil Court---Applicant had an alternate remedy to file private complaints against respondent---Applicant had filed another application before Ex-officio Justice of Peace/Additional Sessions Judge to restrain public functionaries from taking action against under Lahore Development Authority Act, 1975, Rules and Regulations framed thereunder---Application for registration of FIR had been filed with malafide intention.”

 

7.        In view of above, the impugned order is set-aside with direction to the private respondent to have recourse u/s 200 Cr.P.C, if so advised to him.

8.        The instant Crl. Misc. Application is disposed of accordingly.

 

                                                                                                                     JUDGE

Nasim/P.A